Investigative journalist Julie Kelly on Wednesday accused former special counsel Jack Smith of making multiple false and misleading claims about his prosecutions of President Donald Trump.
She outlined what she called a series of "lies" related to the 2020 election interference case, the classified documents investigation, and Smith's handling of court proceedings.
In a detailed thread on X, Kelly disputed Smith's recent public comments defending his work as special counsel, arguing that court records and later judicial rulings undercut his narrative.
Her post came hours after the House Judiciary Committee released a transcript and video of Smith's closed-door testimony on Dec. 17.
Kelly, highlighting portions of the transcript, said Smith falsely suggested he was not driven by the 2024 election calendar, pointing instead to what she described as Smith's "extraordinary" request for the Supreme Court to immediately take up presidential immunity questions in late 2023.
According to Kelly, Smith asked the high court to bypass the U.S. Court of Appeals for the District of Columbia Circuit after U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, denied Trump all claims of presidential immunity.
The Supreme Court declined Smith's request, the appeals court upheld Chutkan's ruling in February 2024, and the justices ultimately took up the issue themselves.
In July 2024, the Supreme Court ruled that presidents enjoy broad immunity for official acts, a decision that substantially narrowed Smith's indictment in the election interference case.
Kelly also rejected Smith's characterization of the events on Jan. 6, 2021, at the U.S. Capitol as an "attack," calling the protest "unarmed" and saying claims that 140 police officers were injured remain unsubstantiated.
She noted that Smith's election interference indictment consisted of four counts, including two under obstruction statute 18 U.S.C. 1512(c)(2), which the Supreme Court later ruled was improperly applied in many prosecutions related to Jan. 6 in its Fischer decision.
The remaining counts, Kelly wrote, were vague conspiracy charges, including conspiracy to defraud the United States and conspiracy against rights.
Kelly further challenged Smith's assertion that a Jan. 6 tweet from Trump criticizing former Vice President Mike Pence endangered Pence's life.
She disputed claims that Trump delayed responding to the unrest, noting that the first breach of the Capitol occurred at approximately 2:12 p.m. local time and that Trump issued messages about 25 minutes later urging people to "stay peaceful" and respect law enforcement.
Kelly also accused Smith of misrepresenting the dispute with Twitter over a nondisclosure order seeking Trump's account data.
She said Twitter did not refuse to comply but sought appellate relief after U.S. District Judge Beryl Howell, an Obama appointee, imposed what Kelly called an unreasonable deadline, later fining the company $350,000 for a brief delay.
According to Kelly, Smith initially argued Trump was a flight risk to justify the nondisclosure order, a claim later acknowledged as erroneous.
Finally, Kelly disputed Smith's assertion that Trump should be treated like any "normal person" regarding records.
She cited testimony from a National Archives official stating that every president has retained classified materials and noted that prosecutors conceded the Trump case was the first espionage-related charge brought against a high-ranking elected official for document retention.
Smith has not publicly responded to Kelly's specific claims.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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